(SS) Avery v. Commissioner of Social Security

Filing 15

STIPULATION for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and ORDER re 14 signed by Magistrate Judge Barbara A. McAuliffe on 6/3/2024. CASE CLOSED. (Lundstrom, T)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA No. 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PATRICE AVERY,

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Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security
Defendant.

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Case No.: 1:24-cv-00148-BAM
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND ORDER

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IT IS HEREBY STIPULATED, by and between the parties, through their undersigned
attorneys, and with the approval of the Court, that the Commissioner of Social Security has
agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The
purpose of the remand is to offer Plaintiff a new decision. The parties agree that no specific
aspect of the Commissioner’s final decision is affirmed.
On remand, the Commissioner will offer Plaintiff the opportunity for a hearing; develop
the record as necessary; and issue a new decision. The parties further request that the Clerk of

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Stip. For Voluntary Remand; Case 1:24-cv-00148-BAM

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the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant,

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reversing the final decision of the Commissioner.

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Respectfully submitted,

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DATE: June 3, 2024

/s/ Megan E. Ruble*
MEGAN E. RUBLE
Attorney for Plaintiff
(* approved via email on 5/30/24)

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PHILLIP A. TALBERT
United States Attorney

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DATE: June 3, 2024

By

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s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of
42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT

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IS HEREBY ORDERED that the above-captioned action is remanded to the Commissioner of
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Social Security for further proceedings consistent with the terms of the Stipulation to Remand.
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The Clerk of the Court is directed to enter final judgment in favor of Plaintiff, and against
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Defendant, reversing the final decision of the Commissioner.
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IT IS SO ORDERED.

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Dated:

/s/ Barbara

June 3, 2024

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stip. For Voluntary Remand; Case 1:24-cv-00148-BAM

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